Mr. Raj Shekhar Attri, J. (Oral) - Through this revision petition filed under Section 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), petitioner is challenging order dated 30.05.2014 (Annexure P-5) in Criminal Complaint No.1008/2/09 of 22.07.2008, whereby the application filed under Section 311 Cr.P.C. for examination of expert witness to elicit the differences in ink on the cheque in dispute was declined.

2. Undisputedly, complainant/respondent-Amandeep Singh had filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner. The case was fixed for defence evidence under Section 243 Cr.P.C. read with Section 247 Cr.P.C. He moved an application under Section 311 Cr.P.C. for permission to cross-examine the handwriting expert. The said application was contested by the complainant- Amandeep Singh and the same was dismissed vide order dated 30.05.2014 mainly on the ground that the accused has admitted his signatures on the cheque in question. Therefore, he cannot dispute with regard to his handwriting on the cheque.

3. I have heard learned counsel for the parties and gone through the record.

4. Hon’ble the Supreme Court in Zahira Habibu